109.31
Trustee's annual report to attorney general.

Except as otherwise
provided by this section, the trustees of a charitable trust required to
register under section
109.26 of the Revised Code shall
file annual reports on forms prescribed by the attorney general, on or before
the fifteenth day of the fifth month following the close of the trust's taxable
year as established for federal tax purposes; or, in lieu of filing those
reports, the trustees may file complete copies of all annual federal returns
required to be filed by the trust with the internal revenue service for the
taxable year, together with all schedules, attachments, and reports due with
the return or returns. The federal returns shall be filed with the attorney
general at the same time as required by the internal revenue service, taking
into account any applicable extension of the federal filing date.

The annual report shall be
signed by the trustee who is authorized to sign it. The annual report shall be
considered certified by the trustee and the trustee's
signature on the report shall have the same effect as though made under oath.

A charitable trust
required to register under section
109.26 of the Revised Code is not
required to file the reports required by this section if any of the following
apply:

(B)
It
is an educational institution that normally maintains a regular faculty and
curriculum and normally has a regularly organized body of pupils or students in
attendance at the place where its educational activities are regularly carried
on.

(C)
For any
taxable year it has gross receipts of less than twenty-five thousand dollars and at the end of which
it has gross assets of less than twenty-five thousand dollars.

The attorney general, by
rule pursuant to section
109.27 of the Revised Code, may
exempt other classes of charitable trusts from the requirements of this
section, and may by rule increase monetary limits set
forth in division (C) of this section, that require filing with the attorney
general's office.

The attorney general may
institute judicial proceedings to secure compliance with this section and to
secure the proper administration of any trust or other relationship to which
this section applies. The willful failure of any trustee to file reports as
required by this section may be grounds for judicial removal of the trustee
responsible for such failure.

The attorney general shall
charge the following fees for filing the annual report:

Assets Fee Less than $25,000 $ 0 $25,000 but less than $100,000 50 $100,000 but less than $500,000 100 $500,000 or more 200

For the purposes of this
section, "assets" refers to the total fair market value of the charitable
trust's assets at the end of that trust's taxable year as established for
federal tax purposes.

Any charitable trust that
fails to pay the fee required by this section at the time required shall pay an
additional fee of two hundred dollars, except that the attorney general may
waive the two-hundred-dollar fee upon a showing
that the trustees of the charitable trust failed to pay the fee for filing the
annual report at the time required by this section for reasons that were beyond
the control of the trustees of the charitable trust or of a designee of the
trustees.

This section shall not be
subject to section
119.12 of the Revised Code.